A.C. No.

8920 September 28, 2011

JUDGE RENE B. BACULI, Complainant, vs. ATTY. MELCHOR A. BATTUNG

ALLEGED VIOLATION:

Disrespect to a judicial officer (violation of Canon 11 of the Code of Professional Responsibility)

On July 24, 2008, during a hearing, respondent Atty. Melchor Battung was shouting while
arguing his motion. Presiding Judge Rene Baculi then advised him to tone down his voice but
instead of doing so, respondent raised his voice even louder. When warned that he would be
cited for direct contempt, Atty. Battung shouted, "Then cite me!" prompting Judge Baculi to
cited him in contempt. Sometime later, respondent re-entered the courtroom and shouted,
"Judge, I will file gross ignorance against you! I am not afraid of you!" Judge Baculi thus cited
him in direct contempt for the second time. Even after the hearings, however, Atty. Battung still
kept on shouting at the judge and challenging the latter to a fight. Judge Baculi also learned that
the respondent even punched a table at the Office of the Clerk of Court.

Filing of a dilatory pleading (violation of Canon 12 of the Code of Professional Responsibility)

Atty. Battung filed a motion to quash the previously issued writ of execution in an ejectment
case which has already attained finality. Judge Baculi asserted that respondent was merely
delaying the speedy and efficient administration of justice.

CANON AND RULE VIOLATED:

Canon 11 and Rule 11.03 of the Code of Professional Responsibility

Canon 11 of the CPR provides that “[a] lawyer shall observe and maintain the respect due the
courts and to judicial officers [x x x].” On the other hand, Rule 11.03 states, “[a] lawyer shall
abstain from scandalous, offensive or menacing language or behavior before the Courts.”

IBP BOARD OF GOVERNORS’ RESOLUTION:

The IBP Commission on Bar Discipline found that the respondent failed to observe Canon 11
and Rule 11.03 of the CPR. Atty. Battung’s argument that Judge Baculi provoked him to shout
was found untenable. What he should have done was to file an action before the Office of the
Court Administrator if he believed that Judge Baculi acted improperly. By the respondent’s act,
he created the impression that disrespect of a judge could be tolerated. With respect to the
charge of violation of Canon 12, the CBD reported that there is insufficient evidence to
support a ruling that the respondent had misused the judicial processes to frustrate the ends of
justice. The CBD then recommended that Atty. Battung be suspended from the practice of
law for six (6) months. The IBP Board of Governors, in turn, adopted such report and
recommendation, with the modification that the respondent be reprimanded also.

SUPREME COURT RULING:

The Court affirmed the resolution of the IBP—Atty. Battung indeed violated Canon 11 and
Rule 11.03 of the CPR. The SC put emphasis on the fact that the respondent continued to
threaten Judge Baculi even after the latter had cited him for contempt. Furthermore, he even
went on to disrupt ongoing proceedings. These actions were not only against Judge Baculi, but
also against the court as a whole, whose proceedings were openly and flagrantly disrupted and

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brought to disrepute. According to the Court, an objecting or complaining lawyer cannot act in a
manner that puts the courts in a bad light and bring the justice system into disrepute.

Finding the IBP’s recommended penalties to be too light, the High Court meted upon Atty.
Battung the penalty of suspension from the practice of law for one (1) year. He was also
sternly warned that a repetition of a similar offense shall be dealt with more severely.

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